General Terms and Conditions
General Terms and Conditions for the Closure of an Agency Agreement between Tenant and Toskana Landhäuser GmbH
Part A: Contractual Terms
1. Preamble
The company Toskana Landhäuser GmbH (in the following Toskana Landhäuser) operates a virtual market place at www.toskana.de. It is obliged to create and maintain the technical requirements thereof. On the Toskana Landhäuser website, tenants are able to book selected vacation apartments and vacation houses with the respective landlord. In the process, Toskana Landhäuser is acting solely as broker of a rental agreement which is formed exclusively between the tenant and the landlord. Therefore, the execution of the rental agreement is not part of the contractual duties owed by Toskana Landhäuser. Consequently, it does not assume any liability for the contractual rights and duties or remedies of the parties to the rental agreement.
2. Formation of Contract
The tenant may make an offer to enter into an Agency Agreement with Toskana Landhäuser either in writing or via email.
By submitting a reservation request in accordance with the input requirements of the template the tenant makes an offer to enter into an Agency agreement with Toskana Landhäuser and into a rental agreement with the landlord.
3. Right of acceptance reserved
Toskana Landhäuser reserves the right to accept an offer to enter into an Agency Agreement. Acceptance by Toskana Landhäuser will be in writing or via email.
The rental agreement to be brokered binds exclusively the tenant and the landlord, as soon as the landlord confirms the tenant´s reservation request to him in writing or via email.
4. Inspection Duty
The tenant is obliged to immediately upon receipt check the reservation confirmation for correctness and to notify, at his option, either the landlord or Toskana Landhäuser about any errors or discrepancies. Any notice of errors or discrepancies given after expiry of a three day period starting with the receipt of the reservation confirmation cannot be taken into account. Particularly, errors or discrepancies pointed out after expiry of the term indicated above do not entitle the tenant to rescind the contract.
5. Down Payment
The tenant is required to make a down payment of 20 % of the gross rental fee plus turnover tax where applicable. To that amount, the landlord has ceded his claim against the tenant to Toskana Landhäuser. Therefore, the tenant can perform only by making the down payment to Toskana Landhäuser.
6. Means of Payment
The down payment may be made by credit card, wire transfer or direct debit authorization. In the event of online credit card payment all personal data such as credit card number, bank identification number, account number, name and address are encrypted by appropriate technology.
7. Agreement Category
Toskana Landhäuser is acting solely as broker of the rental agreement formed between the tenant and the landlord and thus is liable to the tenant exclusively for proper brokerage within the scope of the reasonable standards of the trade.
8. Liability
In principle, Toskana Landhäuser is liable for breaches of this Agreement only if warranted qualities are missing. For breach of integral contractual duties or other violations of contractual duties it is liable only in the event of intent or gross negligence. Liability of Toskana Landhäuser is limited to the contractual value in the event of negligence and to typical and foreseeable damages. Vicarious liability shall remain unaffected by this provision. Further, Toskana Landhäuser does not resume any liability for negligence of its vicarious agents.
9. Evaluation System
Toskana Landhäuser has established a public evaluation system, by means of which tenants can evaluate the rented objects. The evaluations are not reviewed by Toskana Landhäuser and may by their nature be false misleading. When submitting an evaluation, the tenant is obliged to give truthful information and adhere to the relevant legal provisions. Evaluations submitted need to be factual and may not contain any abusive language. Toskana Landhäuser may delete evaluations if there is any indication that they are not in accordance with these General Terms and Conditions, the standards of the evaluation system or cogent law.
Part B: General Conditions for Use of the Website
Usage of this website is granted to users under the condition of their consent to the following terms.
1. Protection of Privacy
For the protection of the privacy of tenants and landlords the following standards apply:
The brokerage commission is executed under observance of the valid privacy protection laws. Personal data is ascertained, stored and passed on only to the extent to which it is required for the execution of the agreement.
In order to ensure proper execution of the agreement, tenants and landlords are required to keep personal data up to date.
2. Usage of the Website/Registration
This website is reserved to personal use. Information, software, products or services offered on this website may not be altered, copied, distributed, transferred, exhibited, displayed, reproduced, published, licensed, ceded, sold or in other ways manipulated.
The right to register as tenant is reserved exclusively to legally capable individuals of more than 18 years of age, legal entities or partnerships. There is no entitlement to access. Toskana Landhäuser is entitled to deny access without stating reasons or to, in writing or via email, withdraw access without stating reasons once granted. Any personal data will immediately be deleted in that case.
Any agreements validly entered into prior to withdrawal of access shall remain in effect.
Tenants may cancel their registration anytime in writing or via email. Obligations arising from contracts entered into prior to cancellation are not affected by it.
3. Limitation of Liability
Toskana Landhäuser undertakes reasonable efforts to verify information published on this website.
Toskana Landhäuser does not guarantee or warrant the verity of any of the information published on this website.
All liability of Toskana Landhäuser is limited to intent and gross negligence. This does not apply to the violation of integral contractual duties and the lack of warranted qualities. Vicarious liability shall remain unaffected by this provision.
In the event of negligence, Toskana Landhäuser is liable only to the user and for typical and foreseeable damages which arise in connection with the usage of the website. This applies even when Toskana Landhäuser was given notice of the possibility of damages in advance of their occurrence. In all cases, the liability assumed by Toskana Landhäuser is limited to the rental fee.
4. Links to Third Party Websites
Links to third party websites on the website of Toskana Landhäuser are provided simply for informatory purposes. Those websites are not controlled as to their contents by Toskana Landhäuser. The inclusion of those links by Toskana Landhäuser implies neither approval of the material contained in those websites nor a connection with their operators.
5. Software, Image and Trademark Titles provided on this Website
All software provided for download on this website (hereinafter „Software“) is under the copyright of Toskana Landhäuser. Your usage of this software is governed, where available, by the terms of the licence agreement for end users which is attached to or contained in the software (“Licence Agreement”).
For software not containing a Licence Agreement Toskana Landhäuser grants the user a personal, non-transferable licence to use the software for the exclusive purpose of looking at or in other ways using this website in accordance with these provisions.
Data, databases, illustrations, brands etc. may not be copied, reprinted, published, downloaded, mailed by postal service, transferred or in another way distributed except for personal use and non-commercial purposes.
6. Alteration of these Conditions for Use of the Website
These general terms are subject to change without notice.
Part C: Miscellaneous Provisions
1. Severability Clause
If any one of these provisions should be or become invalid, then this shall be of no effect to the validity of the other provisions. The validity of the Agreement as a whole shall not be affected. The invalidity of a procured rental agreement does not affect the Agency Agreement.
2. Venue and applicable Law
The Agency Agreement including these General Conditions is governed by the substantive laws of the Federal Republic of Germany to the extent to which cogent legal provisions do not preclude it.
Sole proper venue for all mutual rights and duties arising from the Agency Agreement as well as for all direct or indirect disputes stemming from this Agreement is Ulm, Germany.
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